Mumbai Court February 2002 Judgments
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Shri Vijay Nanalal Shet Vs. State of Goa Suptd. of Polaice - C.B.i., A ...
Court: Mumbai
Decided on: Feb-21-2002
Reported in: 2002BomCR(Cri)490; (2002)104BOMLR739
A.S. Aguiar, J.1. Rule. Shri Thali waives service on behalf of the respondent. By consent of the learned Advocates taken up for hearing forthwith.2. The petitioner seeks quashing of the order dated 6.6.2001 of the learned Addl. Sessions Judge in Revision Petition No. 66/2000 arising out of the order dated 3.11.2000 passed by learned Judicial Magistrate, First Class, at Panaji on Application Exhibit 26 in cases No. 56 and 57/1997. The application Exhibit 26 was filed by the petitioner under Section 319 Code of Criminal Procedure (Cr.P.C.) for adding Shri Madhusudhan Bhangui as accused in the said cases. By order dated 3.11.2000, the learned J.M.F.C. dismissed the said application under Section 319 of the Cr.P.C.3. Briefly, a F.I.R. was registered under Sections 120-B, 420, 468 and 471 I.P.C. and 5(1)(d), read with 5(2) of Prevention of Corruption Act, 1947 against one Shri. M.S. Bhangui and one Vijay Nanalal, the petitioner herein. After investigation, two charge-sheets were filed in th...
Caprihans India Ltd. Vs. Commr. of C. Ex. and Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-20-2002
Reported in: (2003)(155)ELT136Tri(Mum.)bai
1. The application is for waiver of deposit of duty of Rs. 188.25 lakhs approx.3. The question for consideration is the classification, and eligibility to the exemption contained in Notifications 8/96 and 4/97 to the product "Sunpac" that the applicant manufactures. This is a flexible plastic hollow corrugated plastic material which is obtained by extrusion and has been surface worked. The product is used as packing material and also for advertising. The assessee had claimed the classification of these goods as article of plastic under Heading 3926.90 of the tariff, and therefore the eligibility to entry 57 of the Table to Notification 4/97. This exempts inter alia goods classifiable under Heading 39.26 other than those specified therein. The department was of the view that the goods would be classifiable under Heading 3926.90 as sheets of plastic and issued notice proposing its classification and consequent denial of the exemption claimed.Adjudicating on the notice, the Assistant Com...
Uni Deritend Limited Vs. Commissioner of Cus. and C. Ex.,
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-20-2002
Reported in: (2002)(142)ELT454Tri(Mum.)bai
1. Miscellaneous Application No. E/MA(EH)-755/2001-Mum. for the early hearing of the stay application is dismissed as infructuous since the stay application itself stands listed for hearing today.2. The stay application is for waiver of pre-deposit of penalty of Rs. 50,000/- which has been imposed upon the applicants on the ground that they were not entitled to Modvat credit of Rs. 2,38,528/- on high speed diesel since the invoices issued by M/s. IOCL did not contain certain particulars. The credit amount disallowed already stands paid and hence this application is confined to the waiver of pre-deposit of penalty amount only.3. On hearing both sides, we are satisfied that the lack of particulars given by M/s. IOCL in its invoices should not be a ground for imposition of penalty upon the applicant who has received the inputs from M/s. IOCL. We, therefore, waive the requirement of pre-deposit of penalty amount and stay its recovery thereof pending this appeal....
Rahul Pandurangji Khadatkar and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Feb-20-2002
Reported in: AIR2002Bom312; 2002(3)ALLMR560; 2002(4)BomCR748; (2002)3BOMLR210; 2002(2)MhLj612
ORDERV.G. Palshikar, J.1. By this petition, the petitioners have challenged the order dated 26-5-2000, passed by the respondent No. 3 - Principal of Government Polytechnic College, Gadchiroli, in exercise of his powers under Section 6 of the Maharashtra Prohibition of Ragging Act, 1999 (hereinafter for the sake of brevity, referred to as 'the Act').2. The facts, giving rise to the instant petition, stated in briefly, are that : the petitioners, who are senior students of the Government Polytechnic College, Gadchiroli, in violation of the provisions of the Act, violated personal sanctity of one Mr. Ravikumar s/o Baliram Dakhane, respondent No. 4 herein, a 19 years old student of the Polytechnic College, by subjecting him to ragging, which resulted in physical and mental injury to the said student, who and his parents complained of about it to the Police and the Police, after investigation into the matter, have filed Charge-sheet in the Court for prosecuting the present petitioners under...
Union of India (Uoi) Vs. Auto Ignation Ltd.
Court: Mumbai
Decided on: Feb-20-2002
Reported in: 2002(81)ECC633; 2002(142)ELT292(Bom)
V.C. Daga, J.1. By consent of the parties rule returnable forthwith.2. These 2 petitions filed at the instance of the Revenue under Articles 226 and 227 of the Constitution of India, are directed against the order passed by the Customs, Excise and Gold (Control) Tribunal (CEGAT for short), Mumbai. Parties are different, but issue for consideration is identical so this common order will dispose of both writ petitions.Facts in brief:3. Factual matrix giving rise to Writ Petition No. 303 of 2002 reveals that the respondent is M/s. Mahila Griha Udyog Lijjat Papad Ltd. (the respondent/assesses for short) having its registered office at 3. Kamal Apartments 149/150 S.V. Road, Bandra, Mumbai (W) and manufacturing units having their addresses as follows : (i) Unit A - Plot No. 91, Near Dahisar Checknaka, Near Lion Pencil, P.O. Mira, Dist, Thane (ii) Unit B - Gautam Complex, Western Express Highway, Mira Road, Dist., Thane (iii) Unit C and D - C-3-Mira Industrial Estate, P.O. Mira, District Than...
Union of India (Uoi) Vs. Auto Ignation Ltd. and anr.
Court: Mumbai
Decided on: Feb-20-2002
Reported in: 2003(1)BomCR305; 2002(2)MhLj730
V.C. Daga, J.Rule.By consent of the parties rule returnable forthwith.2. These 2 petitions filed at the instance of the Revenue under Articles 226 and 227 of the Constitution of India, are directed against the order passed by the Customs Excise and Gold Control Tribunal (CEGAT for short), Mumbai. Parties are different, but issue for consideration is identical so this common order will dispose of both writ petitions. Facts in brief :--3. Factual matrix giving rise to writ petition No. 303 of 2002 reveals that the respondent is M/s Mahila Griha Udyog Lijjat Papad Ltd. (the respondent/assessee for short) having its registered office at 3, Kamal Apartments 149/150 S. V. Road, Bandra, Mumbai (W) and manufacturing Units having their addresses as follows : (i) Unit A - Plot No. 91, near Dahisar Checknaka, Near Lion Pencil, P. O. Mira, Dist. Thane (ii) Unit B - Gautam Complex, Western Express Highway, Mira Road, Dist., Thane, (iii) Unit C and D-C-3- Mira Industrial Estate. P. O. Mira, District...
Madhu Fantasy Land Pvt. Ltd., Mumbai and anr. Vs. Maharashtra General ...
Court: Mumbai
Decided on: Feb-20-2002
Reported in: 2002(4)BomCR692; [2002(95)FLR245]; (2002)IIILLJ587Bom; 2002(3)MhLj534
Nishita Mhatre, J.1. The petitioners have challenged the order of the Industrial Court dated 21-7-1999 whereby it has come to the conclusion that the petitioners have engaged in an unfair labour practice under Item 6 of Schedule IIand Item 9 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971.2. The facts giving rise to this petition are as follows :On 29-9-1992, the petitioners commenced a private amusement park which was registered under the Bombay Shops and Establishment Act, 1948. About 205 workmen were employed in different categories in the Amusement Park (hereinafter referred to as 'the Park') including persons in the top management. About 191 of these persons were workmen whom the petitioners claim are the members of the respondent No. 2 union. During the monsoon season in 1993, the Park remained closed for a period of 3 to 4 months. The workmen were treated to be on leave without pay. All the workmen were given empl...
Maneklal Anandji and ors. Etc. Vs. Popatlal B. Shah and ors. Etc.
Court: Mumbai
Decided on: Feb-20-2002
Reported in: AIR2003Bom67; 2002(5)BomCR730
ORDERR.J. Kochar, J.1. I have heard all the learned Counsel appearing for their parties in the above multiple proceedings at length, even on the merits of the appeal. The above Civil Applications are filed by three different groups of the individuals who were not parties in the original proceedings before the City Civil Court. The aforesaid Applicants in the Civil Applicants have made a common prayer that they should be allowed to intervene in the present Appeal in this Court and that the appellants be directed to join the Applicants as the party respondents. As far as the part of the common prayer (a) in all the aforesaid Civil Applications is concerned I am inclined to allow them to intervene in the present appeal as all the applicants have claimed that they are active members of the Community and the Trust and that they are vitally interested in the activities of the Trust and they are vitally affected by the Orders passed by the Charity Commissioner and the City Civil Court, which ...
B.K. Katkar Vs. Union of India (Uoi) and ors.
Court: Central Administrative Tribunal CAT Mumbai
Decided on: Feb-19-2002
Reported in: (2003)(1)SLJ345CAT
1. These eleven Original Applications moved under Section 19 of Administrative Tribunals Act, 1985 have been filed by junior Telecom Officers posted at different divisions of Maharashtra Circle of Bharat Sanchar Nigam Limited (in Short, BSNL) who have been transferred by a common transfer order. The transfer of each of the applicant is from their respective Telecom Division to Goa Telecom Division. The transfer order has been communicated to applicants by Assistant General Manager (SI) at the office of Chief General Manager, Telecom, Maharastra Circle, Mumbai by letter dated 26.11.2000 on a letter head of BSNL wherein it is stated that as per approval of Chief General Manager Maharashtra Circle, Mumbai the said transfers and postings are ordered.As each applicant has challenged the order of transfer by filing separate O.A. In these O.As., beside taking common grounds, they have raised pleas on merit applicable to individual cases.2. The facts giving rise to these O.As. are that the ap...
Ajanta Industries Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-18-2002
Reported in: (2002)(143)ELT82Tri(Mum.)bai
1. These two appeals are filed against the same order of the Commissioner. The facts being common they are being disposed of vide this single order.2. M/s. Ajanta Industries were merchant-exporters. They were holders of an advance licence enabling them to import 100% mulberry raw silk. M/s.Hetampuria Textiles was a proprietary unit owned by Anand Agarwal. They were traders and commission agent dealing in many other articles and raw silk. Shri Agarwal placed an order on M/s. Peer Hill Limited, Hong Kong, for supply of 219 bales of mulberry raw silk to M/s. Oceanic Export, Bombay. The goods arrived sometime at the end of October, 1995 and an IGM was filed on 1-11-1995 showing the importer as M/s. Oceanic Export citing bill of lading dated 22-10-1995. The goods were not cleared for quite sometime and were lying in the docks. As per the statement of the shipping agent M/s. Oceanic Exports requested them not to issue delivery orders in their name. On 4-12-1995 the shipping agent requested ...
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